In Hurricane Ian's Wake, Insurers and Homeowners Gear Up for Coverage Fights

[sop]

1. Wind-driven rain vs. rising waters.

The National Flood Insurance Program defines "flood”: "inland tidal waters; unusual and rapid accumulation or runoff of surface waters from any source; and collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood."

No Homeowners and Dwelling Fire Insurance Policy covers flood damage as defined. Damage from flood waters is covered only by a separate Flood Insurance Policy. However, some insurance policies state if water damage is the result of a "named storm," certain coverages would apply.

Rain or wind-driven rain are not the same as floods. "Wind-driven rain damage, regardless of the cause, is a covered peril like wind or lightning, which may have caused an opening in which rain has entered and caused water damage to the home or personal property."

What happens during a storm when one has flooding and wind driven rain? Would flooding have occurred if there were no opening caused by winds for rain to enter and flood a structure? Was the flood caused by a storm surge? How much of the water damage was caused by flood and how much by rain? The source of water damage determines whether the claim is covered by private or federal flood insurance.